Allowed

Bahadur Singh Gurjar S/O Shri Dholuram Gurjar, v. State of Rajasthan

Rajasthan HC17 Oct 2024CRLMP/6941/2024

Case brief

AI extract

What is this about?

The High Court quashed the FIR and consequent criminal proceedings for offences under Sections 341, 323, and 379 IPC, relying on the principles laid down in Gian Singh and Ramgopal. The Court deemed it just and proper to allow the petition as the inter-se private dispute had been amicably settled by the parties.

What did the court decide?

The FIR No. 215/2024 registered at Police Station Shyam Nagar, District Jaipur City (South), along with all consequential proceedings, were quashed and set aside.

Bahadur Singh Gurjar S/O Shri Dholuram… — Public Procurement and Tenders | Rajasthan HC (2024)

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[2024:RJ-JP:43574]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 6941/2024

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Bahadur Singh Gurjar S/o Shri Dholuram Gurjar, R/o Village Googdod, Tehsil Bonli, District Sawai Madhopur, Presently Residing At 510, Mangyawas Road, Mansarovar, Jaipur.

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Kuldeep Meena S/o Shri Ram Singh Meena, R/o Meena Mohalla, Tehsil Maujmabad, Gangati Kalan, Jaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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Nishakarsh Kaushal S/o Shri Sanjeev Kumar Sharma, R/o 71/305, Agarwal Farm, Shipra Path, Mansarovar, Jaipur, Presently Residing At 165, Patrakar Colony, Mansarovar, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Deepak For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP with Mr. Manvendra Singh Shekhawat, PP Mr. Chitrank Sharma

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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17/10/2024

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This petition under Section 528 B.N.S.S. is filed, with a prayer to quash the FIR No.215/2024 registered at Police Station Shyam Nagar, District Jaipur City (South) for offences under Sections 341, 323, 379 of IPC, on the basis of compromise effectuated between the parties herein, in respect of their inter-se dispute.

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Learned counsel for both the parties have submitted that the dispute at hand is inter-se private in nature, which has been resolved by the parties amicably.

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(2 of 2) [CRLMP-6941/2024]

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[2024:RJ-JP:43574]

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Heard and considered.

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At the outset, this Court deems it appropriate to place reliance upon the judgment passed by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and Ramgopal Vs. The State of Madhya Pradesh reported in [2022 (14) SCC 531], relevant portion of which is reproduced below:

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“12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 528 B.N.S.S., even if the offences are noncompoundable.”

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In view of the position of law laid down by the Hon’ble Apex Court in aforementioned case, and considering the personal nature of dispute, which has been amicably settled between parties, this Court deems it just and proper to allow the present misc. petition. Compromise is taken on record.

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Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No. 215/2024 registered at Police Station Shyam Nagar, District Jaipur City (South) with all consequential proceedings, are hereby quashed and set aside.

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Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of.

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(SAMEER JAIN),J

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DEEPAK/25

Bahadur Singh Gurjar S/O Shri Dholuram Gurjar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bahadur Singh Gurjar S/O Shri Dholuram Gurjar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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